NTB 01-013A-501 BUILDING 500/506 ROOF RE-COVER BUILDING 508 CANOPY REPAIRS AND RE-ROOF SOUTH TEXAS HEALTH CARE SYSTEM (STHCS)

SEALED BIDS WILL BE RECEIVED BY THE TEXAS BUILDING AND PROCUREMENT COMMISSION (TBPC), FACILITIES CONSTRUCTION & SPACE MANAGEMENT DIVISION (FCSM) FOR CONSTRUCTION OF PROJECT NO. 01-013A-501, Building 500/506 Roof Re-Cover, Building 508 Canopy Repairs and Re-Roof at South Texas Health Care System, 1301 Rangerville Road, Harlingen, Texas 78551. Sealed bids and HUB Subcontracting Plan will be received until 3:00 p.m. on May 14, 2002. At that time, HUB Subcontracting Plan will be reviewed and, if found to be complete and responsive, the Bid will be opened and read.

Summary of Work: The estimated cost for contract: 01-013A-501 B Building 500/506 Roof Re-Cover, Building 508 Canopy Repairs and Re-Roof is in the range of $180,000.00 to $225,000.00.

The work will be awarded under one lump-cum contract consisting of the following:

Building 500/506 Roof Re-cover: Installation of a roof re-cover system, unit repairs and removal of abandoned mechanical and electrical equipment. Existing roofing systems shall remain in place and new re-cover system installed.

Building 508 Canopy Repairs and Re-roof: Removal of existing roofing, roof deck and deteriorated structural elements and necessary repairs, re-roofing, preparation for painting due to the presence of lead-based paint, painting, and mechanical and electrical systems modifications.

Bid & HUB Subcontracting Plan Receipt Location: Texas Building and Procurement Commission/FCSM will receive bids at the main reception desk at Room 180, Bid Tabulation or, if mailed or shipped, Room 176, Mail Room, Central Services Building, 1711 San Jacinto, Austin, Texas 78701. If items are to be mailed or shipped, please note on the envelope(s) what it is enclosed, the bid, the HUB plan, or both. Delivery of the bid and the HUB plan at the date and time specified above is the sole responsibility of the bidder.

Contractor Qualifications: Contractors shall submit information to FCSM on TBPC's Contractor's Qualifications Form, included in these Front End Documents and may be obtained from FCSM by calling (512) 463-3417. It should be submitted as soon as possible, but no later than 5:00 p.m. on May 7, 2002 to document compliance with Contractor's Qualification Requirements for each project. Information is to be used in determining if a Contractor is qualified to receive a contract award for the project. A favorable review by FCSM of Contractor Qualification Statement is required prior to opening bid proposals.

Good Faith Effort for use of Historically Underutilized Businesses (HUB): TEXAS BUILDING AND PROCUREMENT COMMISSION HAS DETERMINED THAT THE WORK TO BE PERFORMED UNDER THIS CONTRACT INCLUDES SUBCONTRACTING OPPORTUNITIES. THEREFORE, A HUB SUBCONTRACTING PLAN WILL BE REQUIRED. THE COMPLETED HUB SUBCONTRACTING PLAN MUST BE SUBMITTED AS PART OF THE CONTRACTOR'S PROPOSAL, OR THE PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE. Prime Contractors are required to perform a Good Faith Effort in providing HUB firms with an opportunity to participate in the bid and construction process. Texas Building and Procurement Commission's goal for HUB participation in Building Construction projects is 26.1% of the total contract. The FCSM, telephone (512) 463-5872, with Texas Building and Procurement Commission can assist in this process by providing lists of approved HUB firms and other sources for identifying HUB firms in the area. A listing of HUB firms is available on the web at www.tbpc.state.tx.us and other web sites, see the Project Manual.

Bid Documents: Plans and specifications are available for prime Contractors from Joshua Engineering Group, Inc., 2161 N.W. Military Hwy., Suite 103, San Antonio, Texas 78213, Phone (210) 340-2322, Fax B (210) 340-1268, upon delivery of a refundable deposit of $25.00 per set (cash or check) to Joshua Engineering Group, Inc. Bid documents will be available for review at the FCSM office, 1711 San Jacinto, Suite 202, Austin, Texas 78701, at the office of Joshua Engineering Group, Inc. or the following Plan Rooms:

AGC Associated General Contractors, Rio Grande Valley Chapter, 6918 West Expressway 8, Phone: 956-423-4091, Fax: 956-423-0174

AGC Associated General Contractors, San Antonio Chapter, 10806 Gulfdale, San Antonio, Texas 78216, Phone: 210-349-4921, Fax: 210-349-4017.

ABC Associated Builders and Contractors, Inc., South Texas Chapter, 10408 Gulfdale, Phone: 210-342-1994, Fax: 210-342-5385

ABC Associated Builders and Contractors, Inc., 7433 Leopard, Corpus Christi, Texas 78409,, Phone: 361-289-5311, Fax: 361-289-5324

Construction Market Data, 1003 Heritage Blvd. Suite 103, San Antonio, Texas 78216, Phone:, 210-308-9788, Fax: 210-341-343

Builder's Exchange, 4047 Naco-Perrin, San Antonio, Texas 78217, Phone: 210-564-6900, Fax: 210-564-6921

F.W. Dodge Information Services, 404 E. Ramsey, Suite 108, San Antonio, Texas 78216, Phone: 210-344-0158, Fax: 210-342-1302

South Texas Minority Business Outreach Committee, c/o Mr. John Cisneros, UT-Pan Am, 1201 W. University Drive, Edinburg, Texas 78539, Phone: 956-316-2619

Pre-Bid Conference: There will be a MANDATORY Pre-Bid Conference on April 25, 2002 at 10:00 a.m., at South Texas Health Care System, Building 500. Prime Contractors may obtain Bid Documents at the Pre-Bid Conference upon payment of the refundable deposit of $25.00 to Joshua Engineering Group, Inc. Immediately following the mandatory pre-bid conference, FCSM will conduct a training session on the HUB Subcontracting Plan. Attendees to the mandatory pre-bid are requested to have the individual(s) attend who will be completing the HUB Subcontracting Plan and the Contractor's Qualification form.

BIDS ARE TO BE MADE IN ACCORDANCE WITH STATE PROCEDURES.

TO BE RUN IN: The Valley Morning Star (Harlingen), The Monitor (McAllen)

TIME: April 14, 2002

CC: Joshua Engineering Group, Inc., 2161 N.W. Military Hwy, Suite 103, San Antonio, Texas 78213

TRD-200202199

Juliet U. King

Legal Counsel

Texas Building and Procurement Commission

Filed: April 9, 2002

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-02-023 from school districts, shared services arrangements of school districts, and/or open-enrollment charter schools to continue or expand programs implemented during the 2001-2002 school year in either Cycle 5 or Cycle 6 of the Prekindergarten and Kindergarten Grant Program. School districts, shared services arrangements of school districts, and/or open-enrollment charter schools that did not receive Cycle 5 or Cycle 6 grants to expand their existing half-day prekindergarten programs to full-day programs may apply for Cycle 7 grants

Description. Cycle 7 of the grant program will be used to provide continuing operating funds for programs that were implemented in the 2001-2002 school year. Funds permitting, Cycle 7 grants may also be used for expansion of those programs that operated in 2001-2002 as well as for the expansion of existing half-day prekindergarten programs to full day programs for those school districts and open-enrollment charter schools that did not have programs during the 2001-2002 school year.

Dates of Project. The Prekindergarten and Kindergarten Grant Program (Cycle 7, Prekindergarten Expansion Grants) will be implemented during the 2002-2003 school year. Cycle 7 expansion grants may be renewed for the 2003-2004 school year, provided all terms and conditions of 2002-2003 funding awards have been met and the 78th Texas Legislature appropriates additional funds for the program.

Project Amount. The 77th Texas Legislature, 2001, appropriated $100 million per year to the Prekindergarten and Kindergarten Grant Program for the 2001-2002 and 2002-2003 school years, representing a total of $200 million in state funds. Cycle 7 grants will be funded based on the additional attendance in the same manner as current Foundation School Program funding.

Selection Criteria. Applications must address each requirement as specified in the RFA to be considered for funding. Priority will be given to school districts and open-enrollment charter schools that received awards under previous Cycle 5 or Cycle 6 funding. If funds remain after funding this priority group, new expansion programs will be funded. Within the group of new expansion program applicants, priority will be given to school districts and open-enrollment charter schools where student performance on the Grade 3 Texas Assessment of Academic Skills (TAAS) tests falls substantially below the state average. Additional priority will be given to school districts and open-enrollment charter schools that serve the highest percentages of eligible (limited English proficient, educationally disadvantaged, and homeless) children. Educationally disadvantaged children are defined as those children eligible to participate in the national free or reduced-price lunch program.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. Copies of the RFA may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 N. Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and telephone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://www.tea.state.tx.us/grant/announcements/grants2.cgi for viewing and downloading.

Further Information. For clarifying information about the RFA or the Prekindergarten and Kindergarten Grant Program, contact Clem Gallerson, School Finance and Fiscal Analysis Department, TEA, telephone (512) 463-8994. Questions regarding prekindergarten curriculum and programs should be addressed to Cami Jones, Curriculum and Professional Development, TEA, telephone (512) 463-9501.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the TEA by 5:00 p.m. Central Time, Thursday, June 6, 2002, to be considered.

TRD-200202206

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: April 10, 2002

The Commissioner of Insurance, or his designee, will consider approval of a rate filing request submitted by National American Insurance Company proposing to use rates for commercial automobile insurance that are outside the upper or lower limits of the flexibility band promulgated by the Commissioner of Insurance, pursuant to TEX. INS. CODE ANN. art 5.101 §3(g). The Company is requesting the following flex percentages for all classes and territories: +50 for Liability and +30 for Physical Damage under Truckers Coverage form and +21 for Liability and +25 for Physical Damage under all other coverage forms. The overall rate change is +15.2%

Copies of the filing may be obtained by contacting Judy Deaver, at the Texas Department of Insurance, Automobile/Homeowners Division, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 322-3478.

This filing is subject to Department approval without a hearing unless a properly filed objection, pursuant to art. 5.101 §3(h), is made with the Chief Actuary for P&C, Mr. Phil Presley, at the Texas Department of Insurance, MC 105-5F, P.O. Box 149104, Austin, Texas 78701 by May 1, 2002.

TRD-200202165

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 8, 2002

Notice is given that the Commissioner of Insurance will consider a proposal made in a staff petition which seeks amendments of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 2001 and 2002 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. No. A-0302-09-I) was filed on March 22, 2002.

The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 2001 and 2002 model vehicles.

A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-0302-9-I).

Comments on the proposed changes must be submitted in writing no later than 5:00 p.m. on May 20, 2002, to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to Marilyn Hamilton, Associate Commissioner, Property & Casualty Program, Texas Department of Insurance, P. O. Box 149104, MC 104-PC, Austin, Texas 78714-9104.

A public hearing on this matter will not be held unless a separate request for a hearing is submitted to the Office of the Chief Clerk during the comment period defined above.

This notification is made pursuant to Insurance Code Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

TRD-200202195

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 9, 2002

Notice is given that the Commissioner of Insurance will consider a proposal made in a staff petition which seeks amendments of the Texas Automobile Rules and Rating Manual (the Manual), to adopt new and/or adjusted 2002 model Private Passenger Automobile Physical Damage Rating Symbols and revised identification information. Staff's petition (Ref. No. A-0404-12-I) was filed on April 9, 2002.

The new and/or adjusted symbols for the Manual's Symbols and Identification Section reflect data compiled on damageability, repairability, and other relevant loss factors for the listed 2002 model vehicles.

A copy of the petition, including an exhibit with the full text of the proposed amendments to the Manual is available for review in the office of the Chief Clerk of the Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas. For further information or to request copies of the petition, please contact Sylvia Gutierrez at (512) 463-6327; refer to (Ref. No. A-0402-12-I).

Comments on the proposed changes must be submitted in writing no later than 5:00 p.m. on May 20, 2002 to the Office of the Chief Clerk, Texas Department of Insurance, P. O. Box 149104, MC 113-2A, Austin, Texas 78714-9104. An additional copy of comments is to be submitted to Marilyn Hamilton, Associate Commissioner, Property & Casualty Program, Texas Department of Insurance, P. O. Box 149104, MC 104-PC, Austin, Texas 78714-9104.

A public hearing on this matter will not be held unless a separate request for a hearing is submitted to the Office of the Chief Clerk during the comment period defined above.

This notification is made pursuant to Insurance Code Article 5.96, which exempts it from the requirements of the Government Code, Chapter 2001 (Administrative Procedure Act).

TRD-200202197

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 9, 2002

The Directors of the Surplus Lines Stamping Office of Texas have approved a motion requesting the Commissioner of Insurance to authorize a decrease in the stamping fee rate to 0.15% (0.0015) from its current rate of 0.25% (0.0025), pursuant to the Plan of Operation of the Surplus Lines Stamping Office of Texas under 28 Texas Administrative Code §15.101(e)(3). The proposed effective date for the decrease is July 1, 2002. This request is now before the Commissioner of Insurance and is under consideration.

The Surplus Lines Stamping Office of Texas was created in 1987 and is a non-profit corporation subject to the supervision of the Commissioner of Insurance. The Stamping Office monitors the sale of surplus lines insurance policies and evaluates the eligibility of surplus lines insurers that write surplus lines insurance in Texas. Pursuant to Article 1.14-2, §6A of the Texas Insurance Code, the Stamping Office has petitioned the Commissioner of Insurance for a decrease in the stamping fee charged by the Stamping Office on the gross premium resulting from surplus lines contracts. The petition requests that the fee be decreased by 0.1%, beginning July 1, 2002, from 0.25% to 0.15%.

Any comments must be filed with the Texas Department of Insurance, by May 3, 2002, and addressed to the attention of Betty Patterson, Senior Associate Commissioner of the Financial Program, 333 Guadalupe Street, M/C 305-2A, Austin, Texas 78701, with a copy sent to Jim Atkins, Staff Attorney, at the same address except using MC 110-1A.

TRD-200202202

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 10, 2002

The following petition has been filed with the Texas Department of Insurance, and is under consideration:

The adoption of amendments to the Plan of Operation for Texas Automobile Insurance Plan Association (TAIPA), pursuant to Article 21.81.

One proposal is to amend the TAIPA Plan of Operation, Section 6.B.2. to provide for insurer members to accept requests for additional coverage through the use of facsimiles or electronic mail. The current Section 6.B.2. pertains only to the use of U.S. Mail, postage prepaid, for submission of requests for additional coverage, other than that which is granted by policy conditions. The purpose of this amendment is to establish effective dates for such additional coverage, regardless of whether the member insurer receives the request by U.S. Mail, postage prepaid, facsimile, or electronic mail.

The other proposal is to amend the TAIPA Plan of Operation, Section 16.K.1.c., and to add a new Section 16.K.1.f., both regarding requirements for a company that is to be a Servicing Carrier under the Limited Assignment Distribution Program. Under this program a member company of TAIPA may elect to be excused from assignments by contracting with a Servicing Carrier to accept the appropriate share of risks that would otherwise have been assigned to the Excused Member.

Current Section 16.K.1.c. sets forth an eligibility requirement of at least $15,000,000 Policyholder Surplus for a Servicing Carrier. The proposed amendment additionally requires such an insurer to have a ratio no greater than 3 to 1 Net Premiums Written to Policyholder Surplus, based on the most recent annual or quarterly financial statement.

Current Section 16.K. does not provide for financial monitoring of an approved Servicing Carrier. Proposed Section 16.K.1.f. provides a method for monitoring the financial status of an insurer that has been approved as a Servicing Carrier.

This filing is subject to Department approval without a hearing. Any comments may be filed with Marilyn Hamilton, Associate Commissioner, Property & Casualty Program, Texas Department of Insurance, Mail Code 104-PC, P.O. Box 149104, Austin, Texas 78714-9104, within 15 days after publication of this notice.

For further information or to request a copy of the proposed amendments, please contact Sylvia Gutierrez at (512) 463-6327 (reference number A-0302-6).

TRD-200202211

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 10, 2002

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of Forté Information Services, Inc., a foreign third party administrator. The home office is Riverside, California.

Any objections must be filed within 20 days after this notice was filed with the Secretary of State, addressed to the attention of Charles M. Waits, MC 107-5A, 333 Guadalupe, Austin, Texas 78714-9104.

TRD-200202166

Lynda H. Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: April 8, 2002

1.0 Name and Style of Game.

A. The name of Instant Game No. 709 is "PRIDE OF TEXAS". The play style in Game 1 is "beat score". The play style in Game 2 is "key symbol match with auto win". The play style in Game 3 is "row, column, diagonal". The play style in Game 4 is "key symbol match with doubler". The play style in Game 5 is "key symbol match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 709 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 709.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - One of the symbols which appears under the Latex Overprint on the front of the ticket. Each Play Symbol is printed in Symbol font in black ink in positive. The possible play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, $1.00, $2.00, $4.00, $5.00, $8.00, $10.00, $25.00, $50.00, $75.00, $100, $500, $5,000, $50,000, GOLD BAR SYMBOL, COIN SYMBOL, MONEY BAG SYMBOL, STACK OF BILLS SYMBOL, DOLLAR SIGN SYMBOL, X SYMBOL, [ ] SYMBOL, SINGLE SYMBOL, DOUBLE SYMBOL, BOOT SYMBOL, HAT SYMBOL, SADDLE SYMBOL, SPUR SYMBOL, HORSE SYMBOL, STAR SYMBOL, and HORSESHOE SYMBOL.

D. Play Symbol Caption - the small printed material appearing below each Play Symbol which explains the Play Symbol. One and only one of these Play Symbol Captions appears under each Play Symbol and each is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

Table 1 of this section Figure 1:16 TAC GAME NO. 709 - 1.2D

[graphic]

E. Retailer Validation Code - Three small letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. The possible validation codes are:

Table 2 of this section. Figure 2:16 TAC GAME NO. 709 - 1.2E

[graphic]

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 digit number appearing under the latex scratch-off covering on the front of the ticket. There is a four (4) digit security number which will be boxed and placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The format will be : 0000000000000.

G. Low-Tier Prize - A prize of $5.00, $8.00, $10.00, $12.00, or $20.00.

H. Mid-Tier Prize - A prize of $25.00, $50.00, $75.00, $100, or $500.

I. High-Tier Prize - A prize of $5,000, or $50,000.

J. Bar Code - A 22 character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A twenty-two (22) digit number consisting of the three (3) digit game number (709), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 000 and end with 074 within each pack. The format will be: 709-0000001-000.

L. Pack - A pack of "PRIDE OF TEXAS" Instant Game tickets contain 75 tickets, which are packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 000 and back of 074, while the other fold will show the back of ticket 000 and front of 074.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "PRIDE OF TEXAS" Instant Game No. 709 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "PRIDE OF TEXAS" Instant Game is determined once the latex on the ticket is scratched off to expose 37 (thirty-seven) play symbols. In the Bluebonnet Bucks section, if the player's YOUR NUMBER is higher than THEIR NUMBER in the same row, the player will win the prize shown for that row. In the Fast $10 section, if the player matches both symbols the player will win $10 automatically. In the Mockingbird Money section, if the player gets three (3) Xs in the same row, column or diagonal, the player will win the prize under the prize area. In the Double Up section, if the player finds the work "DOUBLE" under the coins, the player will double the total winnings on the ticket. In the Cattle Cash section, if the player matches three (3) symbols across within a game, the player will win the prize shown in the prize legend. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 37 (thirty-seven) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 37 (thirty-seven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 37 (thirty-seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 37 (thirty-seven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. In the Bluebonnet Bucks section, there will be no ties in a row.

C. In the Bluebonnet Bucks section, there will be no duplicate Theirs play symbols on non-winning rows on a ticket.

D. In the Bluebonnet Bucks section, there will be no duplicate non-winning prize symbols in the four rows.

E. In the Mockingbird Money section, all games will contain 4 X's and 5 [ ]'s or 5 X's and 4 [ ]'s.

F. In the Mockingbird Money section, there will be no occurrence of 3 like [ ]'s in a row, column or diagonal.

G. In the Mockingbird Money section, a player may only win once.

H. In the Double Up section, all tickets that are not intended to double per the prize structure will contain the SINGLE symbol.

I. In the Cattle Cash section, there will be no duplicate non-winning games in any order.

J. In the Cattle Cash section, there will be many near wins.

2.3 Procedure for Claiming Prizes.

A. To claim a "PRIDE OF TEXAS" Instant Game prize $5.00, $8.00, $10.00, $12.00, $20.00, $25.00, $50.00, $75.00, $100, and $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $75.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and 2.3.C of these Game Procedures.

B. To claim a "PRIDE OF TEXAS" Instant Game prize of $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "PRIDE OF TEXAS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General; or

3. delinquent in reimbursing the Texas Department of Human Services for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resource Code;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "PRIDE OF TEXAS" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "PRIDE OF TEXAS" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated therefor, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated therefor, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated therefor. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 3,056,850 tickets in the Instant Game No. 709. The approximate number and value of prizes in the game are as follows:

Table 3 of this section Figure 3:16 TAC GAME NO. 709- 4.0

[graphic]

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 709 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 709, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200202119

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 3, 2002

The Texas Natural Resource Conservation Commission (TNRCC or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) pursuant to Texas Water Code (the Code), §7.075, which requires that the TNRCC may not approve these AOs unless the public has been provided an opportunity to submit written comments. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 21, 2002 . Section 7.075 also requires that the TNRCC promptly consider any written comments received and that the TNRCC may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each of the proposed AOs is available for public inspection at both the TNRCC's Central Office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about these AOs should be sent to the enforcement coordinator designated for each AO at the TNRCC's Central Office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 21, 2002 . Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The TNRCC enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs should be submitted to the TNRCC in writing .

(1) COMPANY: AGE Refining, Inc.; DOCKET NUMBER: 2001-0860-MLM-E; IDENTIFIER: Air Account Number BG-0103-P, Air Permit Numbers 4438 and 6113, and Petroleum Storage Tank (PST) Number None; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 6113, and THSC, §382.085(b), by failing to limit daily throughput for crude oil and maintain daily and annual throughput records of each product; and 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $7,600; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Allen Car Wash Partners, Ltd. dba Waterfall Carwash No. 1; DOCKET NUMBER: 2001-1033-PST-E; IDENTIFIER: PST Facility Identification Number 0073152; LOCATION: Allen, Collin County, Texas; TYPE OF FACILITY: car wash and service station; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure that the underground storage tank (UST) registration and self-certification form are fully and completely submitted to the agency; PENALTY: $600; ENFORCEMENT COORDINATOR: John Mead, (512) 239-6010; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Aquila Gas Pipeline Corporation; DOCKET NUMBER: 2001-1180-AIR-E; IDENTIFIER: Air Account Number FC-0051-I; LOCATION: La Grange, Fayette County, Texas; TYPE OF FACILITY: natural gas processing; RULE VIOLATED: 30 TAC §122.146 and THSC, §382.085(b), by failing to submit the annual compliance certification; and 30 TAC §122.145(1)(C) and THSC, §382.085(b), by failing to submit a semiannual fugitive emission monitoring report; PENALTY: $2,250; ENFORCEMENT COORDINATOR: Larry King, (512) 339- 2929; REGIONAL OFFICE: 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(4) COMPANY: Atlas Roofing Corporation; DOCKET NUMBER: 2001-1462-AIR-E; IDENTIFIER: Air Account Number MS-0003-S; LOCATION: Daingerfield, Morris County, Texas; TYPE OF FACILITY: asphaltic roofing materials manufacturing; RULE VIOLATED: 30 TAC §101.20(1), 40 Code of Federal Regulations §60.473(a), and THSC, §382.085(b), by failing to continuously monitor and record the temperature of the flue gas at the high velocity air filter; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(5) COMPANY: B&B Aggregates, Inc.; DOCKET NUMBER: 2001-1276-MWD-E; IDENTIFIER: Enforcement Identification Number 16925; LOCATION: near Splendora, Liberty County, Texas; TYPE OF FACILITY: sand and gravel operation; RULE VIOLATED: the Code, §26.121, by failing to prevent the unauthorized discharge of wastewater from the gravel washing area; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Betty J. Pope and Ivan B. Hansen dba B & I Grocery; DOCKET NUMBER: 2001-1024-PST-E; IDENTIFIER: PST Facility Identification Number 0056099; LOCATION: near Cleveland, San Jacinto County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a)(2) and (b)(1), by failing to demonstrate the required financial responsibility; and 30 TAC §334.8(c)(4)(B), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and submitted to the agency; PENALTY: $1,440; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Balch Oil Co., Inc.; DOCKET NUMBER: 2001-0998-PST-E; IDENTIFIER: Enforcement Identification Number 16745; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: gasoline distributing company; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; and 30 TAC §334.21, by failing to pay UST fees; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(8) COMPANY: C & R Distributing, Inc.; DOCKET NUMBER: 2001-1328-MLM-E; IDENTIFIER: Air Account Number EE-0432-K; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel transport line; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by offering for sale gasoline with a Reid vapor pressure (RVP) greater than 0.7 pounds per square inch absolute (psia); and 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Bethany Carl, (915) 834-4949; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(9) COMPANY: Cahill Country Water Supply Corporation; DOCKET NUMBER: 2001-1492- PWS-E; IDENTIFIER: Public Water Supply (PWS) and Certificate of Convenience and Necessity Number 12458; LOCATION: Alvarado, Johnson County, Texas; TYPE OF FACILITY: Public Water Supply; RULE VIOLATED: 30 TAC §290.109(c)(2)(F) and (3)(A)(ii), (f)(3), and (g), and §290.122(c), by failing to collect and submit five additional water samples for bacteriological analysis and four repeat water samples for bacteriological analysis, by exceeding the maximum contaminant level for total coliform, and by failing to provide public notice explaining sampling deficiencies; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Chris Friesenhahn, (512) 239- 4471; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Casco Hauling & Excavating Co.; DOCKET NUMBER: 2001-0931-MSW-E; IDENTIFIER: Municipal Solid Waste (MSW) Permit Number 1403; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: municipal solid waste; RULE VIOLATED: 30 TAC §37.121, by failing to establish financial assurance for closure, post closure, or corrective action; 30 TAC §330.56(n) and §330.130, and MSW Permit Number 1403, by failing to have implemented and approved a landfill gas management plant; 30 TAC §§330.231, 330.234(b), and 330.239(a), and MSW Permit Number 1403, by failing to have and implement an approved ground water sampling and analysis plan; 30 TAC §328.60(a), by failing to obtain a scrap tire store site registration; 30 TAC §330.114 and MSW Permit Number 1403, by failing to maintain the site operating plan to reflect the current access entrance; 30 TAC §330.117(e) and MSW Permit Number 1403, by failing to maintain a standard operating procedure (SOP) that reflects the current operating procedures; and 30 TAC §330.128 and MSW Permit Number 1403, by failing to maintain a SOP that reflects the current operating procedures relating to salvaging activities; PENALTY: $38,280; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Champion Coatings, Inc.; DOCKET NUMBER: 2001-1306-AIR-E; IDENTIFIER: Air Account Number HG-1579-O; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: paint and coatings manufacturing; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: Chapman, Inc.; DOCKET NUMBER: 2001-1321-PST-E; IDENTIFIER: Enforcement Identification Number 16774; LOCATION: Trinity, Trinity County, Texas; TYPE OF FACILITY: petroleum products; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to observe that the owner or operator of regulated USTs had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: Zuhair M. Adi dba College Park Mobil; DOCKET NUMBER: 2001-1009- PST-E; IDENTIFIER: PST Facility Identification Number 0017640; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(3), (5), and (7)(A), and THSC, §382.085(b), by failing to maintain a maintenance log, provide records of the results of testing conducted at the facility, and maintain the Stage II vapor recovery records; 30 TAC §115.244(1) and (3), and THSC, §382.085(b), by failing to conduct daily inspections and conduct a monthly inspection of the components; 30 TAC §115.245(3) and THSC, §382.085(b), by failing to conduct five-year Stage II testing to verify proper operation; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that a facility representative is trained in the operation and maintenance of the Stage II system; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Trina Grieco, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Bones London Ijeoma dba Country Haven Food Mart; DOCKET NUMBER: 2001-1565-PST-E; IDENTIFIER: PST Facility Identification Number 25183; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to ensure that the UST registration and self-certification form was fully and accurately completed and submitted to the agency; PENALTY: $600; ENFORCEMENT COORDINATOR: Sarah Slocum, (512) 239- 6589; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Cummins Southern Plains, Inc.; DOCKET NUMBER: 2001-1105-PST-E; IDENTIFIER: PST Facility Identification Number 00403; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: service center for diesel engines; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.3467(a), by failing to accurately complete and submit the UST registration and self-certification form to the agency and provide the common carrier a copy of a valid, current delivery certificate; and 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Sandy VanCleave, (512) 239-0667; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233- 4480, (210) 490-3096.

(16) COMPANY: Direct Fuels, L.P.; DOCKET NUMBER: 2001-1365-AIR-E; IDENTIFIER: Air Account Number TA-0274-D; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: gasoline storage and distribution station; RULE VIOLATED: 30 TAC §115.216(1)(A)(i) and THSC, §382.085(b), by failing to continuously monitor and record the operating temperature in the vapor combustion unit (VCU); 30 TAC §116.115(b)(2)(F)(iv) and (c), Permit Number 6862B, and THSC, §382.085(b), by failing to properly record the daily, monthly, and annual throughput, by receiving and storing gasoline with a RVP greater than 13 psia, operate the VCU with two flame scanners, and use the prescribed method (AP-42) to calculate volatile organic compound emissions; 30 TAC §116.116(b)(1) and THSC, §382.085(b), by failing to use tank numbers 102 through 120 as represented in its permit application; and 30 TAC §122.121 and §122.130, and THSC, §382.054 and §382.085(b), by failing to obtain a Title V federal operating permit and continuing to operate; PENALTY: $15,680; ENFORCEMENT COORDINATOR: Sheila Smith, (512) 239-1670; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: City of Gainesville; DOCKET NUMBER: 2001-0984-MWD-E; IDENTIFIER: National Pollutant Discharge Elimination System (NPDES) Permit Number TX0022357-001A and Water Quality Permit Number 10726-001; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), NPDES Permit Number TX0022357-001A, Water Quality Permit Number 10726-001, and the Code, §26.121, by failing to comply with permit levels for ammonia nitrogen and carbonaceous biochemical oxygen demand; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Gaither Petroleum Corporation; DOCKET NUMBER: 2001-1188-AIR-E; IDENTIFIER: Air Account Number LH-0162-P; LOCATION: near Houston, Liberty County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §101.10 and THSC, §382.085(b), by failing to submit an emissions inventory questionnaire; PENALTY: $720; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: HEC Petroleum, Inc.; DOCKET NUMBER: 2001-1499-AIR-E; IDENTIFIER: Air Account Number CI-0100-F; LOCATION: near Smith Point, Chambers County, Texas; TYPE OF FACILITY: crude petroleum and natural gas production; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit an annual compliance certification; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $1,800; ENFORCEMENT COORDINATOR: Carol Harkins, (713) 767- 3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Harris County Municipal Utility District Number 249; DOCKET NUMBER: 2001-1210-MWD-E; IDENTIFIER: Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13765-001; LOCATION: Spring, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), (4), (5), and (9)(A), TPDES Permit Number 13765-001, and the Code, §26.121, by failing to prevent the discharge and accumulation of sludge, comply with the permitted effluent limits for ammonia nitrogen, carbonaceous biochemical demand, and total suspended solids, properly operate and maintain the facility, and submit the noncompliance notification; PENALTY: $9,200; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(21) COMPANY: Jones Court, Ltd. dba Jones Court Retail Center; DOCKET NUMBER: 2001- 1367-PWS-E; IDENTIFIER: PWS Number 1011702; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c) and (g)(4), and §290.122(c), and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis and provide public notice of the failure to conduct routine monthly bacteriological sampling; and 30 TAC §290.51(a)(3), by failing to pay public health service fees; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Josh Jumbo Corporation dba Sonic Quick Stop; DOCKET NUMBER: 2001- 1126-PST-E; IDENTIFIER: PST Facility Identification Number 0040823; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to perform annual pressure decay compliance testing; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Kevin Keyser, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023- 1486, (713) 767-3500.

(23) COMPANY: Lanar, Inc. dba Three Corners Food Store; DOCKET NUMBER: 2001-1192- PST-E; IDENTIFIER: PST Facility Identification Number 45513; LOCATION: Kennedale, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; PENALTY: $800; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Bobby Cunningham dba Littlefield Butane Co. and 66 Butane & Fertilizer Co.; DOCKET NUMBER: 2001-0902-PST-E; IDENTIFIER: PST Facility Identification Numbers 2137 and 4081; LOCATION: Abernathy, Hale County, Texas; TYPE OF FACILITY: butane and motor fuel bulk/retail sales; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and (c)(5)(A)(i), and the Code, §26.3467(a), by failing to submit a UST registration and self- certification form and make available to a common carrier a valid current delivery certificate; and 30 TAC §334.5(b)(1)(A), by failing to verify, or observe, that a valid, current delivery certificate had been issued by the agency covering the UST systems; PENALTY: $12,800; ENFORCEMENT COORDINATOR: Elnora Moses, (903) 535-5100; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(25) COMPANY: Lukes Mobile Home Park, Inc.; DOCKET NUMBER: 2001-1291-PWS-E; IDENTIFIER: PWS Number 1840141; LOCATION: Springtown, Parker County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(c)(2) and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis; PENALTY: $938; ENFORCEMENT COORDINATOR: Kent Heath, (512) 239-4575; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Mitchell Gas Services, L.P.; DOCKET NUMBER: 2001-1420-AIR-E; IDENTIFIER: Air Account Number CO-0034-B; LOCATION: Talpa, Coleman County, Texas; TYPE OF FACILITY: compressor station; RULE VIOLATED: 30 TAC §106.512(2)(C)(iii) and §116.110(a), and THSC, §382.085(b), by failing to conduct an initial performance test for emissions; PENALTY: $720; ENFORCEMENT COORDINATOR: Carolyn Easley, (915) 698-9674; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(27) COMPANY: New Braunfels Independent School District; DOCKET NUMBER: 2001-1174- EAQ-E; IDENTIFIER: Enforcement Identification Number 12004; LOCATION: New Braunfels, Comal County, Texas; TYPE OF FACILITY: high school; RULE VIOLATED: 30 TAC §213.4(a), by failing to submit a water pollution abatement plan; PENALTY: $1,250; ENFORCEMENT COORDINATOR: Malcolm Ferris, (210) 490-3096; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(28) COMPANY: Oasis Pipe Line Company Texas L.P.; DOCKET NUMBER: 2001-1545-AIR- E; IDENTIFIER: Air Account Numbers PE-0113-Q and PE-0109-H; LOCATION: Bakersfield and Coyanosa, Pecos County, Texas; TYPE OF FACILITY: natural gas compression and transmission; stations; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit Title V compliance certifications; and 30 TAC §122.145(2)(A) and (C), and THSC, §382.085(b), by failing to report all instances of deviations and submit the required deviation reports; PENALTY: $6,000; ENFORCEMENT COORDINATOR: Dan Landenberger, (915) 570- 1359; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(29) COMPANY: Petro Stopping Centers, L.P. dba Petro Stopping Center #5; DOCKET NUMBER: 2001-1094-PST-E; IDENTIFIER: PST Facility Identification Number 20003; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control for all USTs, and 30 TAC §334.50(b)(1)(A) and (2), and (d)(1)(B)(ii), and the Code, §26.3475, by failing to reconcile inventory control records, perform annual tightness test for the pressurized piping, and put the automatic tank gauge into test modes; PENALTY: $16,000; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(30) COMPANY: Prestigious Accessories, Inc.; DOCKET NUMBER: 2001-1074-AIR-E; IDENTIFIER: Air Account Number SK-0168-R; LOCATION: Winona, Smith County, Texas; TYPE OF FACILITY: fiberglass composite fabrication; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to submit the annual compliance certification; and 30 TAC §122.145(2)(c) and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Carolyn Lind, (903) 535-5100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(31) COMPANY: Rebel Enterprises, Inc. dba Rebel Food; DOCKET NUMBER: 2001-1040- PST-E; IDENTIFIER: PST Facility Identification Number 0071393; LOCATION: Evadale, Jasper County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.3467(a), by failing to ensure that the UST registration was fully and accurately completed and submitted to the agency and make available to a common carrier a valid, current delivery certificate; PENALTY: $6,400; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(32) COMPANY: Shezy Enterprise, Inc. dba Fina Truck Stop; DOCKET NUMBER: 2001- 1252-IWD-E; IDENTIFIER: TPDES Permit Number 11721-001; LOCATION: Greenville, Hunt County, Texas; TYPE OF FACILITY: gasoline service station; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11721-001, and the Code, §26.121, by failing to comply with effluent permitted limits; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(33) COMPANY: Sonora Independent School District; DOCKET NUMBER: 2002-0014-PST-E; IDENTIFIER: PST Facility Identification Number 6651; LOCATION: Sonora, Sutton County, Texas; TYPE OF FACILITY: school bus fleet fueling and maintenance; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and (5)(A)(i), and the Code, §26.346(a), by failing to submit the UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(34) COMPANY: Spur Services, Inc. dba Spur Texaco; DOCKET NUMBER: 2001-1186-PST- E; IDENTIFIER: PST Facility Identification Number 0065593; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline service station; RULE VIOLATED: 30 TAC §334.8(c)(4)(B), and (5)(A)(i), and the Code, §26.346(a), by failing to ensure that the UST self-certification form is fully and accurately completed; and 30 TAC 334.50(b)(1)(A) and the Code, §26.3475, by failing to have release detection for the UST system; PENALTY: $2,800; ENFORCEMENT COORDINATOR: Sunday Udoetok, (512) 239-0739; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(35) COMPANY: Stubbs Petroleum Co., Inc.; DOCKET NUMBER: 2001-1425-PST-E; IDENTIFIER: Enforcement Identification Number 16721; LOCATION: Livingston, Polk County, Texas; TYPE OF FACILITY: transporter of petroleum products; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator of a regulated UST had a valid, current delivery certificate; PENALTY: $1,600; ENFORCEMENT COORDINATOR: Susan Kelly, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(36) COMPANY: Sun Coast Resources, Inc.; DOCKET NUMBER: 2001-1537-PST-E; IDENTIFIER: Enforcement Identification Number 17169; LOCATION: Katy, Harris County, Texas; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.5(b)(1)(A), by failing to ensure that the owner or operator had a valid, current delivery certificate; PENALTY: $800; ENFORCEMENT COORDINATOR: Carol Harkins, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(37) COMPANY: Kim Pham dba Sunny's Food Express; DOCKET NUMBER: 2001-1022-PST- E; IDENTIFIER: Enforcement Identification Number 0039803; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance; and 30 TAC §334.8(c)(4)(B) and (5)(A)(i), and the Code, §26.3467(a), by failing to submit a UST registration and self-certification form and make available a valid, current delivery certificate; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Catherine Sherman, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(38) COMPANY: TRT Development Company; DOCKET NUMBER: 2001-1007-PST-E; IDENTIFIER: Enforcement Identification Number 46264; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: hotel; RULE VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility; 30 TAC §334.8(c) and the Code, §26.346(a), by failing to self-certify compliance; 30 TAC §334.49(a) and the Code, §26.3475, by failing to have corrosion protection for the piping; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor USTs for releases; and 30 TAC §334.21, by failing to pay outstanding fees; PENALTY: $8,750; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(39) COMPANY: TXU U.S. Holdings Company Formerly Known as TXU Electric Company; DOCKET NUMBER: 2001-1327-AIR-E; IDENTIFIER: Air Account Number HQ-0012-T; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: steam electric station; RULE VIOLATED: 30 TAC §122.145(2)(C) and §122.146(2), and THSC, §382.085(b), by failing to submit the required annual compliance certification and deviation report; PENALTY: $1,500; ENFORCEMENT COORDINATOR: Judy Fox, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(40) COMPANY: Texas Parks and Wildlife Department; DOCKET NUMBER: 2001-0766- MWD-E; IDENTIFIER: TPDES Permit Number 11214-001; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: Agreed Order, Docket Number 1998-1112-MWD-E, by failing to submit an administratively complete permit and certify that either operation to operate was obtained or operation ceased; 30 TAC §305.125(1), §305.128, TPDES Permit Number 11214-001, and the Code, §26.121, by failing to meet permitted effluent limits and submit properly signed discharge monitoring reports; and 30 TAC §§220.21, 285.21, 290.36, 290.51(a)(3), 303.71, 305.503, 312.9, 325.5(d), and 334.21, by failing to pay fees in a timely manner; PENALTY: $25,200; ENFORCEMENT COORDINATOR: Sherry Smith, (512) 239-0572; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(41) COMPANY: City of Tulia; DOCKET NUMBER: 2001-0992-AIR-E; IDENTIFIER: Air Account Number SR-0038-A; LOCATION: Tulia, Swisher County, Texas; TYPE OF FACILITY: emergency electrical power generation plant; RULE VIOLATED: 30 TAC §122.121 and §122.130(a)(2) (now 30 TAC §122.130(a)), and THSC, §382.085(b), by failing to submit a Title V initial application; and 30 TAC §116.110(a) and THSC, §382.085(b), by failing to renew new source review permit number 6801; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Ronnie Kramer, (806) 353-9251; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(42) COMPANY: United States Automobile Association; DOCKET NUMBER: 2002-0016-PST- E; IDENTIFIER: PST Facility Identification Number 67126; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: computer facilities management service; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vi)(I) and (B), and the Code, §26.346(a), by failing to submit the UST registration and self-certification form; PENALTY: $600; ENFORCEMENT COORDINATOR: Mark Newman, (915) 655-9479; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(43) COMPANY: Victoria County Water Control and Improvement District No. 1; DOCKET NUMBER: 2001-0494-MLM-E; IDENTIFIER: TPDES Permit Number 10513-002 and PWS Number 2350001; LOCATION: Bloomington, Victoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), TPDES Permit Number 10513-002, and the Code, §26.121, by failing to properly operate and maintain the wastewater treatment facility and collection system, perform record quality control and calibration procedures, and comply with permitted effluent limits; 30 TAC §305.125(9) and TPDES Permit Number 10513-002, by failing to provide written noncompliance notification for effluent violations; TPDES Permit Number 10513-002 and the Code, §26.121, by failing to properly dispose of dried process sludge and perform loading calculations; 30 TAC §290.41(c)(1)(F), by failing to provide sanitary control easements; and 30 TAC §290.44(h)(4), by failing to conduct initial and annual testing of the backflow prevention assembly; PENALTY: $9,750; ENFORCEMENT COORDINATOR: Gary McDonald, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(44) COMPANY: Westex Capital, Ltd.; DOCKET NUMBER: 2001-1161-PST-E; IDENTIFIER: PST Facility Identification Number 12499; LOCATION: Beeville, Bee County, Texas; TYPE OF FACILITY: service gasoline station; RULE VIOLATED: 30 TAC §334.54(b)(2), by failing to assure that, with the exception of the vent lines, all piping, pumps, manways, and ancillary equipment shall be capped, plugged, locked, and/or otherwise secured; 30 TAC §334.49(a) and the Code, §26.3475, by failing to provide corrosion protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475, by failing to monitor USTs for releases; and 30 TAC §334.8(c)(4)(B) and the Code, §26.346(a), by failing to submit a self-certification form; PENALTY: $6,120; ENFORCEMENT COORDINATOR: Audra Baumgartner, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(45) COMPANY: Zapata County; DOCKET NUMBER: 2001-1167-MLM-E; IDENTIFIER: PWS Number 2530002 and CCN Number 12877; LOCATION: Zapata, Zapata County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(2)(A) and THSC, §341.0315(c), by failing to provide a raw water pump; 30 TAC §290.46(e)(2), (f)(2), (j)(2), (m), and (s)(2)(C)(i), and THSC, §341.033(a), by failing to have at least a certified Class "C" surface water operator on duty, make the public water system's operating records accessible, eliminate potential contaminant hazards, provide a maintenance program, and calibrate the manual disinfectant residual analyzer; 30 TAC §290.42(c)(8), (e)(3)(D) and (6), and (h), by failing to obtain a permit for discharging wastewater, properly maintain the water storage tank, provide scales for determining the amount of disinfectant used daily, and provide a fan in the chlorine room; the Code, §26.121, by failing to prevent an unauthorized discharge of wastewater; 30 TAC §290.43(c)(2), by failing to maintain the roof hatch on the clearwell storage tank; and 30 TAC §291.93(6), by failing to maintain the 0.30 million gallon water storage tank tight against leakage; PENALTY: $8,625; ENFORCEMENT COORDINATOR: Sandra Hernandez, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

TRD-200202182

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 9, 2002

The following notices were issued during the period of April 4, 2002 through April 8, 2002.

The following require the applicants to publish notice in the newspaper. The public comment period, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P O Box 13087, Austin Texas 78711- 3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THIS NOTICE.

AQUASOURCE UTILITY INC. has applied for a renewal of TPDES Permit No. 10742- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located within the Brentwood Manor Subdivision, approximately 0.4 miles south of U.S. Highway 59 and immediately east of Marcado Creek, 2.0 miles due west of the intersection of U.S. Highway 59 and State Highway Loop 175 in Victoria County, Texas. The treated effluent is discharged to Marcado Creek; thence to Garcitas Creek; thence to Lavaca Bay/Chocolate Bayou in Segment No. 2453 of the Bays and Estuaries. The unclassified receiving water uses are no significant aquatic life uses for Marcado Creek.

BENBROOK, LLC has applied for a renewal of TPDES Permit No. 12723-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 73,000 gallons per day. The facility is located approximately 0.5 mile south of the intersection of U.S. Highway 377 and Farm-to-Market 1187, approximately 16 miles southwest of the City of Forth Worth central business district in Tarrant County, Texas.

BROOKELAND FRESH WATER SUPPLY DISTRICT has applied for a renewal of TPDES Permit No. 10998-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 400 feet south of Recreational Road 255 and approximately 5 miles west of the intersection of Recreational Road 255 and U.S. Highway 96 in Jasper County, Texas. The treated effluent is discharged to an unnamed tributary of Beef Creek; thence to Beef Creek; thence to the Angelina River Below Sam Rayburn Reservoir in Segment No. 0609 of the Neches River Basin.

CROW FAMILY HOLDINGS INDUSTRIAL TEXAS LIMITED PARTNERSHIP AND COLE CREEK BUSINESS PARK ASSOCIATION, INC. has applied for a renewal of TPDES Permit No. 13996-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 49,800 gallons per day. The facility is located approximately 0.2 mile northwest of the intersection of Fairbanks-North Houston Road and West Little York Road and approximately 0.65 mile northwest of the intersection of U.S. Highway 290 and Fairbanks-North Houston Road in Harris County, Texas.

DEL LAGO ESTATES UTILITY COMPANY has applied for a renewal of TPDES Permit No. 12686-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located east of Walden Road approximately one mile north of State Highway 105 in Montgomery County, Texas.

EAST CENTRAL INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 13701-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located approximately 2,300 feet north of the intersection of Sulphur Springs Road and Stuart Road and approximately 600 feet west of Stuart Road in Bexar County, Texas.

HARDIN INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TNRCC Permit No. 13135-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The plant site is located on the Hardin ISD High School campus, approximately 900 feet east of the intersection of Pete Miller Road and Berry Road; approximately 1800 feet northeast of the intersection of State Highway 146 and Farm-to-Market Road 834 in Liberty County, Texas.

LAJITAS UTILITY CO., INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14282-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 90,000 gallons per day. The facility is located approximately 2,000 feet south of Ranch-to-Market Road 170 and 1,800 feet east of the Rio Grande River in Brewster County, Texas.

SANDY CREEK UTILITIES, INC. has applied for a renewal of Permit No. 13337-001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 22,500 gallons per day via subsurface soil absorption on 45,000 square feet of land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facilities and disposal area are located approximately 6.5 miles northwest of the intersection of Farm-to-Market Roads 1431 and 2243 and 2.5 miles west of the intersection of Farm-to-Market Road 2243 and Round Mountain Road in Travis County, Texas.

SILVERLEAF RESORTS, INC. has applied for a renewal of TPDES Permit No. 13417- 001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located approximately 0.5 mile northwest of the intersection of League Line Road and White Oak Drive on Lake Conroe in Montgomery County, Texas.

SKY RANCHES, INC. has applied to for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14318-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The draft permit authorizes a daily average flow of 49,500 gallons per day. The facility is located on County Road 448 approximately 1 mile south of the intersection of Farm-to-Market Road 1805 and County Road 448 in Smith County, Texas. The treated effluent is discharged to a ditch; thence to an unnamed tributary; thence to Village Creek, thence to Burleson Lake; thence to Village Creek; thence to the Sabine River Below Lake Tawakoni in Segment No. 0506 of the Sabine River Basin.

TALL TIMBERS UTILITY COMPANY, INC. has applied for a major amendment to TPDES Permit No. 13000-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 250,000 gallons per day to a daily average flow not to exceed 445,000 gallons per day. The facility is located on County Road 128, approximately 2,800 feet north and 6,500 feet west of the intersection of Highway 69 South and Farm-to-Market Road 2813 and 6.1 miles south-southwest of the City of Tyler in Smith County, Texas.

WEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 21 has applied for a renewal of TNRCC Permit No. 13623-001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,000,000 gallons per day. The draft permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The plant site is located approximately 1500 feet south of the Sam Houston Toll Road, east of Windfern Road, west of Fairbanks North Houston Road in Harris County, Texas.

WEST HOUSTON AIRPORT CORPORATION applied for a renewal of TPDES Permit No. 12516-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,000 gallons per day. The facility is located on Lakeside Airport property at 18000 Groeschke Road in Harris County, Texas.

WOODLAND OAKS UTILITY COMPANY, INC. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. 14312-001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 45,000 gallons per day. The facility is located approximately 5.26 miles west of Interstate Highway 45 and approximately 3,600 feet north of Farm-to-Market Road 2854 in Montgomery County, Texas.

TRD-200202213

LaDonna Castañuela

Chief Clerk

Texas Natural Resource Conservation Commission

Filed: April 10, 2002

NOTICE OF DELETION OF THE PERMIAN CHEMICAL COMPANY SITE FROM THE STATE SUPERFUND REGISTRY

The executive director (ED) of the Texas Natural Resource Conservation Commission (TNRCC or commission) is issuing this notice of deletion of the Permian Chemical Company state Superfund site (the site) from its proposed-for-listing status on the state registry, the list of state Superfund sites. The state registry lists the contaminated sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment.

The site was originally proposed for listing on the state registry in the July 16, 1993, edition of the Texas Register (18 TexReg 4709). The site, including all land, structures, appurtenances, and other improvements, is approximately 30 acres in size, and is located at 325 Pronto Ave., Ector County, Texas, approximately three miles east of downtown Odessa. In addition, the site included any areas where hazardous substance(s) came to be located as a result, either directly or indirectly, of releases of hazardous substance(s) from the site.

Dorchem, Inc. began operations at the site in 1977, operating as a chemical plant, manufacturing hydrochloric acid (HCl) as the primary product and potassium sulfate (K ₂ SO ₄ ) as a byproduct. Permian Chemical Company acquired the site in 1981 and continued the Dorchem operations. Permian Chemical Company abandoned the site in 1987.

The Remedial Investigation/Feasibility Study (RI/FS) examined the analytes for soil, sediment and groundwater including pH, sodium, potassium, sulfate, chlorides, heavy metals, volatile organic constituents (VOCs) and petroleum hydrocarbons. Due to the deteriorated condition of the overhead process structures, a removal action was initiated at the site in September 1996. A second phase of the RI at the site was conducted in October/November 1999. The purpose of this second phase was to determine if any on-site soils could be contributing to the low levels of VOCs detected in some site monitor wells, and to plug and abandon the on-site water wells.

Following the completion of the RI at the site, a Baseline Risk Evaluation (BRE) Report was prepared. The results of the RI and site-specific exposure scenarios were used to complete the BRE. This evaluation was completed in August 2000. Based on the results of the BRE, the site does not pose unacceptable excess risk to human health or the environment.

The TNRCC determined that hazardous and Class I industrial solid wastes remained at the site, therefore, a second removal action was initiated in November 2000. This removal action included removal of all hazardous and Class I wastes from the site, and transportation to an approved waste disposal facility, for proper disposal.

In May 2001, the TNRCC concluded that no further action was appropriate for the site. However, the site is not appropriate for residential use according to state risk reduction regulations in effect as of September 2, 1999, and has been deed recorded for commercial/industrial use only.

In accordance with 30 TAC §335.344(b), the commission held a public meeting to receive comments on the intended deletion of the site on February 28, 2002, at the Ector County Library, Rotary Room, 321 West Fifth Street, 2nd Floor, Odessa, Texas. No comments regarding the proposed deletion were received at the public meeting. The complete public file, including a transcript of the public meeting, may be viewed during regular business hours at the commission's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas, 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Fees are charged for photocopying file information.

Pursuant to 30 TAC §335.344(c), the ED has determined that the site no longer presents an imminent and substantial endangerment to public health and safety or the environment due to the removal actions that have been performed at the site.

In accordance with Texas Health and Safety Code, §361.188(d), a notice will be filed in the real property records of Ector County, Texas stating that the site has been deleted from the state registry.

All inquiries regarding the deletion of the site should be directed to Ms. Janie Montemayor, Community Relations, telephone numbers (800) 633-9363 or (512) 239-3844.

TRD-200202187

Paul C. Sarahan

Director, Litigation Division

Texas Natural Resource Conservation Commission

Filed: April 9, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a petition on February 21, 2002, for expanded local calling service (ELCS), pursuant to Chapter 55, Subchapter C of the Public Utility Regulatory Act (PURA). A summary of the application follows.

Project Title and Number: Petition of the Graford Exchange for Expanded Local Calling Service, Project Number 25490.

The petitioners in the Graford exchange request ELCS to the exchanges of Graham, Jacksboro, and Weatherford.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120 no later than May 2, 2002. Hearing and speech- impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136.

TRD-200202157

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2002

On April 4, 2002, Southwestern Bell Telephone Company and American Lightwave Communications, Inc., collectively referred to as applicants, filed a joint application for approval of amendment to an existing interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25684. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the amendment to the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25684. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 3, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25684.

TRD-200202176

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2002

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214.

Docket Title and Number. Valor Telecommunications of Texas, LP Application for Approval of LRIC Study for Valor Total Value Plan Pursuant to P.U.C. Substantive Rule §26.214 on April 15, 2002, Docket Number 25682.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 25682. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202174

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2002

On April 4, 2002, Concho Cellular Telephone Company, Inc. doing business as Cellular One and Kerrville Telephone Company, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25683. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25683. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 3, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25683.

TRD-200202175

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 8, 2002

On April 5, 2002, Protel Communications and Valor Telecommunications of Texas, LP, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25693. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25693. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 3, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25693.

TRD-200202184

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2002

On April 5, 2002, Delta Phones, Inc. and Valor Telecommunications of Texas, LP, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25694. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25694. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 3, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25694.

TRD-200202185

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2002

On April 9, 2002, Hill Country Telephone Cooperative, Inc. and San Antonio MTA LP doing business as Verizon Wireless, collectively referred to as applicants, filed a joint application for approval of interconnection agreement under Section 252(i) of the federal Telecommunications Act of 1996, Public Law Number 104-104, 110 Statute 56, (codified as amended in scattered sections of 15 and 47 United States Code) (FTA) and the Public Utility Regulatory Act, Texas Utilities Code Annotated, Chapters 52 and 60 (Vernon 1998 & Supplement 2002) (PURA). The joint application has been designated Docket Number 25712. The joint application and the underlying interconnection agreement are available for public inspection at the commission's offices in Austin, Texas.

The commission must act to approve the interconnection agreement within 35 days after it is submitted by the parties.

The commission finds that additional public comment should be allowed before the commission issues a final decision approving or rejecting the interconnection agreement. Any interested person may file written comments on the joint application by filing ten copies of the comments with the commission's filing clerk. Additionally, a copy of the comments should be served on each of the applicants. The comments should specifically refer to Docket Number 25712. As a part of the comments, an interested person may request that a public hearing be conducted. The comments, including any request for public hearing, shall be filed by May 7, 2002, and shall include:

1) a detailed statement of the person's interests in the agreement, including a description of how approval of the agreement may adversely affect those interests;

2) specific allegations that the agreement, or some portion thereof:

a) discriminates against a telecommunications carrier that is not a party to the agreement; or

b) is not consistent with the public interest, convenience, and necessity; or

c) is not consistent with other requirements of state law; and

3) the specific facts upon which the allegations are based.

After reviewing any comments, the commission will issue a notice of approval, denial, or determine whether to conduct further proceedings concerning the joint application. The commission shall have the authority given to a presiding officer pursuant to P.U.C. Procedural Rule §22.202. The commission may identify issues raised by the joint application and comments and establish a schedule for addressing those issues, including the submission of evidence by the applicants, if necessary, and briefing and oral argument. The commission may conduct a public hearing. Interested persons who file comments are not entitled to participate as intervenors in the public hearing.

Persons with questions about this project or who wish to comment on the joint application should contact the Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326. You may call the commission's Customer Protection Division at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Docket Number 25712.

TRD-200202203

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 10, 2002

The Public Utility Commission of Texas (commission) proposes to amend the registration form for Pay Telephone Service (PTS) Providers. Project Number 25680, Proceeding to Amend Registration Form for Pay Telephone Service Providers , has been established for this purpose. Before a PTS Provider is eligible to offer service in Texas this registration form must be submitted as required. Each year, all PTS Providers must reregister using this form on or before July 31 to remain eligible to provide pay telephone service in Texas. The commission proposes modifications in the form to clarify information requested, to obtain data needed to better understand and monitor this segment of the telecommunications industry, and to protect the public.

Responses to the proposed, amended form may be filed by submitting 16 copies to the commission's Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 14 days of the date of publication of this notice. All responses should reference Project Number 25680.

Questions concerning this notice should be referred to Betsy Tyson, Telecommunications Division, 512-936-7323 or betsy.tyson@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200202189

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 9, 2002

The following Airport Sponsor listed, through its agent, the Texas Department of Transportation (TxDOT), intends to engage an Aviation Professional Engineering Firm for services pursuant to Chapter 2254, Subchapter A, of the Government Code. TxDOT's Aviation Division will solicit and receive qualifications for professional engineering design services as described in the project scope for each project following:

Airport Sponsor: City of San Marcos, San Marcos Municipal Airport. TxDOT CSJ No. 0214SMRCO. Project Scope: Provide engineering/design services to reconstruct sections of Runway 12-30; rehabilitate Runway 12-30; mark Runway 12-30; rehabilitate and mark Taxiways A, B, C, D, E, & F. Project Manager: John Wepryk.

Interested firms shall utilize the Form 439 titled "Aviation Engineering Services Questionnaire" (August 2000 version). The forms may be requested from TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483, Phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site, URL address:

http://www.dot.state.tx.us./insdtdot/orgchart/avn/avninfo/avninfo.htm

Download the file from the selection "Engineer Services Questionnaire Packet." The form may not be altered in any way, and all printing must be in black. QUALIFICATIONS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT. (Note: The form is an MS Word, Version 7, document).

Two completed, unfolded copies of Form 439 (August 2000 version), for each project of interest to the engineer must be postmarked by US Mail by midnight May 02, 2002 (CDST). Mailing address: TxDOT, Aviation Division, 125 E. 11th Street, Austin, Texas 78701-2483. Overnight delivery must be received by 4:00 p.m. (CDST) on May 3, 2002; overnight address: TxDOT, Aviation Division, 200 E. Riverside Drive, Austin, Texas, 78704. Hand delivery must be received by 4:00 p.m., May 3, 2002 (CDST); hand delivery address: 150 E. Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704. The two pages of instructions should not be forwarded with the completed questionnaires. Electronic facsimiles will not be accepted.

EMAIL DELIVERY OPTION Your form 439 may be emailed to TxDOT at email address:

AVNRFQ@dot.state.tx.us

Emails must be received by midnight on May 2, 2002. Received times will be determined by the marked time and date as the E-mail is received into the TxDOT network system. Please allow sufficient time to ensure delivery into the TxDOT system by the deadline. After receipt, you will be electronically notified of receipt by return email. Return notification may be delayed by a day or two, as the forms will be opened and printed at the TxDOT offices. Before emailing the form, please confirm your completion of the form. TxDOT will directly print the transmittal and not change the formatting or information contained on the form following receipt. Signatures will not be required on electronically submitted forms. You may type in the responsible party's name on the signature line.

Each airport sponsor's duly appointed committee will review all professional qualifications and may select three to five firms to submit proposals. Those firms selected will be required to provide more detailed, project-specific proposals which address the project team, technical approach, Disadvantage Business Enterprise (DBE) participation or Historically Underutilized Business (HUB) participation, design schedule, and other project matters, prior to the final selection process. The final engineer selection by the sponsor's committee will generally be made following the completion of review of Request for Qualification statements/proposals and/or engineer interviews. Each airport sponsor reserves the right to reject any or all statements of qualifications, and to conduct new professional services selection procedures.

If there are any procedural questions, please contact Karon Wiedemann, Director, Grant Management, or the designated Project Manager for technical questions at 1-800-68-PILOT (74568).

TRD-200202200

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 10, 2002